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PC - Item 3C - Zone Change 12-01 and Conditional Use Permit 12-01ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: AUGUST 20, 2012 SUBJECT: ZONE CHANGE 12 -01 AND CONDITIONAL USE PERMIT 12 -01 7850 GARVEY AVENUE and 2743 STRATHMORE AVENUE SUMMARY Selina Luong has submitted a Zone Change and Conditional Use Permit application requesting to operate an automotive sales business located at 7850 Garvey Avenue (Parcel "1 ") in the C -3 (Medium Commercial) zone and 2743 Strathmore Avenue (Parcel "2 ") in the P (Parking) zone. Approval of the Conditional Use Permit would allow onsite storage of vehicles for sale on Parcel "1." Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a Conditional Use Permit, a Zone Change has also been requested. Zone Change 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). Planning Commission Meeting August 20, 2012 Paae 2 of 24 ENVIRONMENTAL DETERMINATION The Initial Study (attached as Exhibit "A ") has been undertaken to determine if the proposed project may have a significant effect on the environment. The Initial Study was prepared and completed in accordance with the California Environmental Quality Act (CEQA) guidelines. On the basis of the Initial Study, the City of Rosemead has concluded that the project would have a less than significant impact on the environment and has therefore, prepared a Draft Negative Declaration (ND). The ND reflects the independent judgment of the City as a lead agency per CEQA guidelines. The project site is not on a list compiled pursuant to Government Code section 65962.5. The proposed project is not considered a project of statewide, regional or area -wide significance and would not affect highways or other facilities under the jurisdiction of the State of California Department of Transportation. STAFF RECOMMENDATION Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 12 -14 (attached as Exhibit "B "), which is a resolution recommending that the City Council ADOPT Ordinance No. 923 (attached as Exhibit "E ") amending the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). PROPERTY HISTORY AND DESCRIPTION The subject site is located at the southwest corner of Strathmore Avenue and Garvey Avenue. The subject site consists of two (2) parcels totaling 19,559 square feet. According to Building Division records, the subject property is developed with a one - story commercial building totaling 2,566 square feet of area. According to Business License records, the applicant has been operating an auto - brokerage office (L N Auto Center Inc.) at the subject site since 2011. Front Elevation Planning Commission Meeting August 20, 2012 Page 3 of 24 Site & Surrounding Land Uses The project site is designated in the General Plan for Commercial and on the Zoning map it is designated C -3 (Medium Commercial) and P (Parking). The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial South: General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: Residential East: General Plan: Commercial Zoning: C- 3,(Medium Commercial) Land Use: Commercial West: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial ADMINISTRATIVE ANALYSIS The applicant is requesting approval of Conditional Use Permit (CUP) 12 -01 for the operation of an automotive sales lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel I," as the current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). Rosemead Municipal Code Section 17.112.030(i) permits automotive sales in the C -3 zone upon the approval of a conditional use permit. Business Operation According to the applicant, the business will operate six (6) days a week, from 9:00 a.m. to 6:00 p.m., Monday through Friday and from 10:00 a.m. to 6:00 p.m. on Saturday. All automotive services will be conducted offsite. Site Plan As shown on the site plan (attached as Exhibit "D "), the site is completely developed. The subject site is located on two parcels of land, totaling 19,559 square feet (0.45 acres). Parcel "1" is improved with an office building with an attached patio, a surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. Planning Commission Meeting August 20, 2012 Page 4 of 24 Floor Plan The single -story commercial building is currently developed as a single tenant office building. According to the floor plan, the floor area currently totals 2,566 square feet. The commercial building currently consists of offices, a customer lounge area, a sitting area, and restrooms. The applicant is not proposing any modification to the floor plan with this request. Parking and Circulation The subject site is accessed from a two (2) driveway approaches along Garvey Avenue and Strathmore Avenue. A total of ten (10) parking spaces will be provided onsite for customers, which includes nine (9) standard spaces and one (1) handicapped parking space. Rosemead Municipal Code (RMC) Section 17.84.100 (A) specifies that any retail or office land use must provide one parking space for every 250 square feet of floor area. Since the office building has a floor area of 2,566 square feet, eleven (11) parking spaces are required. The applicant is providing 12 parking spaces. In addition to the office parking requirement, the applicant is required to provide one parking space for each vehicle on display for sale. Forty -five (45) parking spaces will be used for automotive sales display. The site plan indicates that the subject site meets these requirements. In addition, the City's Traffic Consultant has reviewed the parking and circulation patterns within the subject site and has no issues with the project. Lighting The applicant is proposing to maintain all existing light fixtures on the building and within the parking lot area. Currently, there is one light fixture within the parking lot area and several on the exterior elevation of the building. Fencing The existing fencing onsite exceeds the height limitations of the Rosemead Municipal Code. As indicated on the plans, the applicant will improve all fencing by removing the wrought iron railings and lowering the block wall height to four feet along Garvey and Strathmore Avenues. In addition, the applicant will finish the block wall with stucco to match the existing building in color and texture. MUNICIPAL CODE REQUIREMENTS Section 17.116 of the Rosemead Municipal Code sets forth the procedures and requirements for zone changes and amendments. A zone change may be permitted whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. Pursuant to California Government Code Section 65860 (a), a zone change must be found consistent with the City's General Plan. A. Land Use: The General Plan designation will remain as Commercial and will allow for Parcel "2" to be consistent with City codes and land uses in the surrounding area. The General Plan Commercial land use designation is designed to Planning Commission Meeting August 20, 2012 Paae 5 of 24 provide tax revenues which contribute significantly to the City's financial well- being. The proposed zoning of the site is consistent with the current land uses of the City of Rosemead's General Plan and Municipal Code. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Commercial land use designation is consistent with the C -3 (Medium Commercial) zone. B. Circulation: There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. The proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. Housing: The proposed zone change will not induce new population growth nor displace existing housing units or people. There are no residential units on the site. The subject property is located in the P (Parking) zone. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. D. Resource Management: Any proposed development resulting from this Zone Change would be located in a developed urban area, and as such, will not result in any impact upon natural resources. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. E. Noise: No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. Planning Commission Meeting August 20, 2012 Page 6 of 24 F. Public Safety: There will not be a new increase in population or density as a result of the Zone Change, so the need for more public safety and public areas is not impacted. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Section 17.112.030 (27) of the Rosemead Municipal Code (RMC) allows the operation of automotive - related uses upon the granting of a Conditional Use Permit "(CUP). Section 17.112.010 sets the following criteria that must be met: A. The granting of such a Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3 (Medium Commercial) and P (Parking). The proposed use is in conformity with the General Plan in that the C -3 (Medium Commercial) and P (Parking) zones are a corresponding zone district with the Commercial General Plan land use category. In addition, Goal 2, Policy 2.3 of the Land Use Element of the City's General Plan encourages continued development of self- sustaining commercial uses within centers located at strategic intersections. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. The proposed use will not endanger or be detrimental to surrounding properties. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. In addition, the proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. Planning Commission Meeting August 20, 2012 Page 7 of 24 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to forty -two (42) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: A Lily Trinh Assistant Planner EXHIBITS: Submitted by: Michelle Ramirez Community Development Director A. Initial Study and Negative Declaration B. Planning Commission Resolution No. 12 -14 C. Conditions of Approval D. Site Plan /Floor Plan E. Draft CC Resolution 2012 -50 F. Draft Ordinance No. 923 G. Assessors' Parcel Map (5284- 038 -001 & 002) Planning Commission Meeting August 20, 2012 Page 8 of 24 EXHIBIT "B" PC RESOLUTION 12 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 12 -01 CHANGING THE ZONING CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P (PARKING) TO C -3 (MEDIUM COMMERCIAL), AND CONDITIONAL USE PERMIT 12 -01 FOR THE OPERATION OF AUTOMOTIVE SALES BUSINESS LOCATED AT 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE (APNS: 5284- 038 -001 AND 002). WHEREAS, on March 6, 2012, Selina Luong submitted a Zone Change request and a Conditional Use Permit application requesting to change the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial), for the operation of an automotive sales business, located at 7850 Garvey Avenue and 2743 Strathmore Avenue; and WHEREAS, 7850 Garvey Avenue is located in the C -3 (Medium Commercial) zoning district and 2743 Strathmore Avenue is located in the P (Parking) zoning district; and WHEREAS, Sections 17.116 and 17.124 of the Rosemead Municipal Code authorize the Planning Commission to consider and recommend proposed zone changes to the City Council; and WHEREAS, Section 17.112.030(27) of the Rosemead Municipal Code (RMC) permits the operation of automotive - related uses upon the granting of a Conditional Use Permit. Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. Planning Commission Meeting August 20, 2012 Paae 9 of 24 WHEREAS, on August 1, 2012, an Initial Environmental Study for the proposed Zone Change and Conditional Use Permit was completed, finding that the proposed project could not have a significant effect on the environment and a Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on August 1, 2012, forty -two (42) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real properties subject to Zone Change 12 -01 and Conditional Use Permit 12 -01, a notice was published in the San Gabriel Valley Tribune on August 1, 2012, and notices were posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on August 20, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Zone Change 12 -01 and Conditional Use Permit 12 -01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission hereby makes a finding of adequacy with the Negative Declaration and HEREBY RECOMMENDS that the City Council adopt the Negative Declaration as the environmental clearance for Zone Change 12 -01 and Conditional Use Permit 12 -01. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that changing the zone of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial) is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change. SECTION 3. The Planning Commission FURTHER FINDS AND DETERMINES that Zone Change 12 -01 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan designation will remain as Commercial and will allow for Parcel "2" to be consistent with City codes and land uses in the surrounding area. The General Plan Commercial land use designation is designed to provide tax revenues which contribute significantly to the City's financial well- being. The proposed zoning of the site is consistent with the current land uses of the City of Rosemead's General Plan and Municipal Code. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Planning Commission Meeting August 20, 2012 Paoe 10 of 24 Commercial land use designation is consistent with the C -3 (Medium Commercial) zone. B. Circulation: There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. The proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. Housing: The proposed zone change will not induce new population growth nor displace existing housing units or people. There are no residential units on the site. The subject property is located in the P (Parking) zone. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. D. Resource Management: Any proposed development resulting from this Zone Change would be located in a developed urban area, and as such, will not result in any impact upon natural resources. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. E. Noise: No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. F. Public Safety: There will not be a new increase in population or density as a result of the Zone Change, so the need for more public safety and public areas is not impacted. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. SECTION 4. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -01 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3 (Medium Commercial) and P (Parking). The proposed Planning Commission Meeting August 20, 2012 Pane 11 of 24 use is in conformity with the General Plan in that the C -3 (Medium Commercial) and P (Parking) zones are a corresponding zone district with the Commercial General Plan land use category. In addition, Goal 2, Policy 2.3 of the Land Use Element of the City's General Plan encourages continued development of self- sustaining commercial uses within centers located at strategic intersections. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The proposed use will not endanger or be detrimental to surrounding properties. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. In addition, the proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. SECTION 5 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Zone Change 12 -01 to change the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial). SECTION 6 . The Planning Commission HEREBY RECOMMENDS CITY COUNCIL APPROVAL of Conditional Use Permit 12 -01 to allow the operation of an automotive sales business subject to the twenty -three (23) conditions of approval attached hereto. SECTION 7 . City Staff is directed to take the Planning Commission's recommendations to the City Council for their review and action. Planning Commission Meeting August 20, 2012 Page 12 of 24 SECTION 8 . This resolution is the result of an action taken by the Planning Commission on August 20, 2012, by the following vote: YES: NO: ABSTAIN: ABSENT: SECTION 9 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20 day of August, 2012. Victor Ruiz, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 20 day of August, 2012 by the following vote: YES: NO: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting August20,2012 Page 13 of 24 EXHIBIT "C" CONDITIONAL USE PERMIT 12 -01 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE (APNs: 5284 - 038 -001 AND 002) CONDITIONS OF APPROVAL August 20, 2012 1. Zone Change 12 -01 and Conditional Use Permit 12 -01 is approved for the establishment of an automotive sales business to be developed in accordance with the plans marked Exhibit "C ", dated August 15, 2012. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Zone Change 12 -01 and Conditional Use Permit 12 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Zone Change 12 -01 and Conditional Use Permit 12 -01 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Zone Change 12 -01 and Conditional Use Permit 12 -01 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 5. Zone Change 12 -01 and Conditional Use Permit 12 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Zone Change 12 -01 and Conditional Use Permit 12 -01. Planning Commission Meeting August 20, 2012 Page 14 of 24 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 7. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 8. The numbers of the address sign shall be at least 6" tall with a minimum character width of 1/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the City Planner, or his /her designee, prior to installation. 9. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. 10. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour Graffiti Hotline can be called at (626) 569 -2345 for assistance. 11. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 12. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 13. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. Planning Commission Meeting August 20, 2012 Page 15 of 24 14. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 15. The on -site public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Zone Change 12 -01 and Conditional Use Permit 12 -01. 16. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 17. The applicant shall comply with all Federal, State, and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 18. Window signs shall not cover more than 15% of window and glass door areas. All banners and temporary signs shall be permitted by the Rosemead Planning Division prior to installation. 19. All parking lot lighting shall be fully shielded and directed downwards to prevent glare on adjacent properties. 20. The business is limited to a maximum of forty -five (45) vehicles for on -site display. 21. The existing fencing onsite shall be reduced to meet the height limitations of the Rosemead Municipal Code. 22. The applicant shall obtain a City of Rosemead Business License for the business operation. 23. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings. Planning Commission Meeting August 20, 2012 Page 16 of 24 EXHIBIT "E" CC RESOLUTION 2012 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12 -01 FOR THE OPERATION OF AUTOMOTIVE SALES BUSINESS LOCATED AT 7850 GARVEY AVENUE AND 2743 STRATHMORE AVENUE (APNS: 5284 - 038 -001 AND 002). WHEREAS, on March 6, 2012, Selina Luong submitted a Conditional Use Permit application requesting to operate of an automotive sales business, located at 7850 Garvey Avenue and 2743 Strathmore Avenue; and WHEREAS, 7850 Garvey Avenue is zoning district and 2743 Strathmore Avenue and located in the C -3 (Medium Commercial) is located in the P (Parking) zoning district; WHEREAS, Section 17.112.030 (27) of the Rosemead Municipal Code (RMC) permits the operation of automotive - related uses upon the granting of a Conditional Use Permit. Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, on August 1, 2012, an Initial Environmental Study for the proposed project was completed, finding that the proposed project could not have a significant effect on the environment and a Negative Declaration was prepared, in accordance with the guidelines of the California Environmental Quality Act, and local environmental guidelines; and WHEREAS, on August 20, 2012, the Planning Commission recommended approval of Conditional Use Permit 12 -01 to the City Council; and WHEREAS, on August 30, 2012, forty -two (42) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real properties subject to Conditional Use Permit 12 -01, a notice was published in the Planning Commission Meeting August 20, 2012 Page 17 of 24 Rosemead Reader on August 30, 2012, and notices were posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on September 11, 2012, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 12 -01; and WHEREAS, the City Council fully studied the proposed Conditional Use Permit, Negative Declaration, environmental findings, and considered all public comments; and WHEREAS, City Council, having final approval authority over this project, has reviewed and considered all comments received during the public review period prior to the approval of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS: SECTION 1. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 12 -01 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Commercial and on the zoning map it is designated C -3 (Medium Commercial). and P (Parking). The proposed use is in conformity with the General Plan in that the C -3 (Medium Commercial) and P (Parking) zones are a corresponding zone district with the Commercial General Plan land use category. In addition, Goal 2, Policy 2.3 of the Land Use Element of the City's General Plan encourages continued development of self- sustaining commercial uses within centers located at strategic intersections. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The proposed use will not endanger or be detrimental to surrounding properties. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. In addition, the proposed project will require that all customer parking and automotive display of vehicles be located onsite. Planning Commission Meeting August 20, 2012 Pape 18 of 24 C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. SECTION 2 . The City Council HEREBY APPROVES Conditional Use Permit 12 -01, for the operation of an automotive sales business, located at 7850 Garvey Avenue and 2743 Strathmore Avenue, subject to conditions listed in Exhibit "C" attached hereto and incorporated herein by reference. SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest to the adoption thereof. PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los Angeles of the State of California on September 11, 2012. Sandra Armenta, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Planning Commission Meeting August 20, 2012 Page 19 of 24 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Rosemead at a meeting held on the 14th day of August, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: Gloria Molleda, City Clerk Planning Commission Meeting August 20, 2012 Page 20 of 24 EXHIBIT "F" ORDINANCE NO. 923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE 12 -01 CHANGING THE ZONING CLASSIFICATION OF 2743 STRATHMORE AVENUE FROM P (PARKING) TO C -3 (MEDIUM COMMERCIAL), LOCATED 2743 STRATHMORE AVENUE (APN: 5284 -038- 002). WHEREAS, the City of Rosemead has an adopted Zoning Ordinance and associated maps, including specific development standards to control development; and WHEREAS, approval of Zone Change 12 -01 would designate the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial); and WHEREAS, State Planning and Zoning Law, Title 17, and Chapter 17.116 of the Rosemead Municipal Code authorizes and sets standards for approval of Zone Change applications and governs development of private properties; and WHEREAS, Section 17.116.010 of the City of Rosemead Municipal Code authorizes the City Council to approve zone change applications whenever the public necessity, convenience, general welfare or good zoning practices justify such action; and WHEREAS, City of Rosemead policy encourages consistency of its Zoning Code with the General Plan and promotes separation of conflicting land uses through good planning practices; and WHEREAS, on August 20, 2012, the City of Rosemead Planning Commission considered Zone Change 12 -01 and recommended approval to the City Council after the Commission made findings that the proposed application will not have a significant impact on the environment; and WHEREAS, on August 20, 2012, the Planning Commission held a public hearing to receive testimony, and after hearing all testimonies from the public, the Commission recommended approval to the City Council of Zone Change 12 -01; and WHEREAS, on August 20, 2012, the Planning Commission adopted Resolution 12 -14, thereby recommending approval to the City Council of Zone Change 12 -01; and WHEREAS, on August 30, 2012, forty -two (42) notices were mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property subject to Zone Change 12 -01, a notice was published in the Rosemead Planning Commission Meeting August 20, 2012 Paoe 21 of 24 Reader on August 30, 2012, and notices were posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing pursuant to California Government Code Section 65091(a)(3); and WHEREAS, on September 11, 2012, the City Council held a public hearing to receive public testimony relative to Zone Change 12 -01; and WHEREAS, the City Council has sufficiently considered all testimony presented to them and hereby make the following determination: NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rosemead as follows: SECTION 1 . The City Council hereby makes a finding of adequacy with the Negative Declaration and HEREBY ADOPTS the Negative Declaration, as the environmental clearance for Zone Change 12 -01. SECTION 2. The City Council HEREBY FINDS AND DETERMINES that Zone Change 12 -01 is in the best interest of the public necessity and general welfare, and good city planning practice dictates and supports the proposed zone change, in that it designates the zoning classification of 2743 Strathmore Avenue from P (Parking) to C -3 (Medium Commercial). SECTION 3. The City Council FURTHER FINDS AND DETERMINES that Zone Change 12 -01 is consistent with the Rosemead General Plan as follows: A. Land Use: The General Plan designation will remain as Commercial and will allow for 2743 Strathmore Avenue to be consistent with City codes and land uses in the surrounding area. The General Plan Commercial land use designation is designed to provide tax revenues which contribute significantly to the City's financial well- being. The proposed zoning of the site is consistent with the current land uses of the City of Rosemead's General Plan and Municipal Code. According to the Zoning Ordinance /General Plan Consistency Matrix (Table LU -2) of the General Plan, the Commercial land use designation is consistent with the C -3 (Medium Commercial) zone. B. Circulation: There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. The proposed project will require that all customer parking and automotive display of vehicles be located onsite. C. Housing: The proposed zone change will not induce new population growth nor displace existing housing units or people. There are no residential units on Planning Commission Meeting August 20, 2012 Page 22 of 24 the site. The subject property is located in the P (Parking) zone. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. D. Resource Management: Any proposed development resulting from this Zone Change would be located in a developed urban area, and as such, will not result in any impact upon natural resources. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. E. Noise: No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. F. Public Safety: There will not be a new increase in population or density as a result of the Zone Change, so the need for more public safety and public areas is not impacted. The site is completely developed. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. SECTION 4 . The City Council hereby AMENDS the City's zoning map to change the zoning of the parcel located at 2743 Strathmore Avenue (APN: 5284 - 038 -002) from P (Parking) to C -3 (Medium Commercial) and DIRECTS City Staff to make the appropriate change to the official zoning map SECTION 5. The City Clerk shall certify to the passage of this Ordinance. PASSED, APPROVED, AND ADOPTED this 25 day of September, 2012. Sandra Armenta, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Planning Commission Meeting August 20, 2012 Page 23 of 24 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council of the City of Rosemead at a meeting held on the 25 day of September, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: Gloria Molleda, City Clerk Planning Commission Meeting August 20, 2012 Paae 24 of 24 EXHIBIT "G" 1 i GARVEY AVE. 199? { Q O i A �QUi e Q A I �% � wvIN YJ.wIM Po6 2 7 O O �( SUBJECT SITE G Y ! _ -------- FD z a N coot _ Acl+ FAIRVIEW HEIGHTS TRACT PARCEL MAP P. M. 24536 M. B.6- 114-115 LMR O. IALLL[1� ULN. ENVIRONMENTAL CHECKLIST FORM CITY OF ROSEMEAD PLANNING DIVISION 8838 E. VALLEY BLVD. ROSEMEAD, CALIFORNIA 91770 2. 3. 4. 5. 6. 7. Project title: Lead agency name and address: Contact person and phone number: Project location: Project sponsor's name and address: General plan designation: Zoning: Zone Change 12 -01 (ZC12 -01) Conditional Use Permit 12 -01 (CUP 12 -01) City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Lily Trinh, Assistant Planner (626) 569 -2142 7850 Garvey Avenue and 2743 Strathmore Avenue City of Rosemead County of Los Angeles Selena Luong 7850 Garvey Avenue Rosemead, CA 91770 Commercial Medium Commercial (C -3) and Parking (P) 8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Selena Luong (the "Applicant ") owns two parcels of land located at 7850 Garvey Avenue (Parcel 1") and 2743 Strathmore Avenue (Parcel "2 "). The applicant is currently operating an automotive brokerage office, without car storage at the site. Parcel 1" is developed with an existing 2,566 square foot office building with an attached 446 square foot patio. Parcel "2" is an existing surface parking lot. The applicant is requesting approval of Conditional Use Permit (CUP) 12 -01 for the operation of an automotive sales lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel 1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). EXHIBIT "A" The site is completely developed, as shown on the existing site plan shown below in Figure 1, Site Plan. The project does not include a proposal for new construction. However, site improvements will be made, which includes lowering the fence height of the entire lot to meet the standards in the Rosemead Municipal Code. —___— __ GARVEY AVENUE _ —___— _( I I g A ADJACENT AT &T BUILDING _____ -� •ac=._ I ..mow, .w ZONING:G3 .,..' i vl J _.. __...... -•. l+ J>> J F I APM 5 29491 1 A te{¢ C �vnz � P R 2 .5415E ® `� B o B e,} i ' p6e 96'W -1P➢. (ED GARAGE N I Figure 1 — Site Plan 9. Surrounding land uses and setting. (Briefly describe the project's surroundings.) The project is located in the City of Rosemead, Los Angeles County, California. The project is located at the southwest corner of Strathmore Avenue and Garvey Avenue, specifically at 7850 Garvey Avenue and 2743 Strathmore Avenue, which is the southwest corner of Strathmore Avenue and Garvey Avenue. An aerial photograph of the site is shown below in Figure 2, Aerial Photograph. 2 The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of the City of Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The City is 5.5 square miles or 2,344 acres in size. Rosemead is home to a resident population of approximately 53,764 people. The land uses to the north of Garvey Avenue is zoned C -3 (Medium Commercial) and contains various commercial buildings. To the west of Garvey Avenue is a commercial building in the C -3 (Medium Commercial) and P (Parking) zone. The land to the east of Garvey Avenue is a commercial building zoned C -3 (Medium Commercial) and single family residences zoned R -2 (Light Multiple Residential. The land surrounding the subject parcels to the south is zoned R -2 (Light Multiple Residential) and occupied by multiple family residences. The subject site is located on two parcels of land, totaling 19,559 square feet (0.45 acres). Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. The subject site is relatively flat, with no major changes in elevation. The existing landscaping includes a variety of trees, shrubs and plants. A site inspection indicates that there are no oak trees onsite. Land uses surrounding the project site consist of the following: Figure 2 — Aerial Photograph North General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial South Aesthetics General Plan: Medium Density Residential Zoning: R -2 (Light Multiple Residential) Land Use: Residential East General Plan: Commercial and Medium Density Residential Zoning: C -3 (Medium Commercial) and R -2 (Light Multiple Residential) Land Use: Commercial and Residential West General Plan: Commercial Zoning: C -3 (Medium Commercial) and P (Parking) Land Use: Commercial and Parking 10. Other Agencies whose approval is required (e.g., permits, financing approval, or participation agreement). 1. Los Angeles County Fire Department 2. California Department of Motor Vehicles ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Greenhouse Gas ❑ Emissions ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic ❑ Agriculture Resources ❑ Cultural Resources E] & Hazardous ❑ Materials Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities /Services Systems ❑ Air Quality ❑ Geology /Soils ❑ Hydrology/Water Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: Q 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. El ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project may have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL MPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revision or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Lilt/ Trinh, Assistant Planner Printed Name For 5 EVALUATION OF ENVIRONMENTAL IMPACTS A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation from Section XVII, "Earlier Analyses ", may be cross - referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different ones. 9. The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant. ENVIRONMENTAL CHECKLIST U; w IN n ME y Potentarlly�ignifisant�esshan� a a � i9t�caIVth�gRifica o a , �Enviro?nme�rta�lssue�, �; � . ?^,'.. �, ��mRac' tr �c,,]Vlifiga�gry�lmpa��riJnrp?c�a '`��, a L"j, , ':^`= �"'''' a) Have a substantial adverse effect on a scenic ❑ E] El v ista ? _ b) Substantially damage scenic resources, including, but not limited to, trees, rock E] El El outcroppings, and historic building within a state scenic highw c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ E surro d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ❑ ❑ E views in the area? 2 r =A nculture and Forest Resources. r,�, k�, v ����� g 06s qR" 1ntleermrfung vhett) r�rppactsfo, agrrcultura) resourdesaresrgnrfrcant ,effects agencies Fnayaefer to the Calrfomra Agncuttural CandEvaluation and rte Assessment Model r y= : X7997Yare y the alrfomra pep rtment of Conservafron as an optional mode use +n rt a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the El E] El Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflictwith existing zoning for agricultural use, El 1:1 El or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section ❑ ❑ ❑ E 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑_ E] El forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or El El E] nature, could result in conversion of Farmland, to non - agricultural use? :•ti \�' t y 5'A ti'`t S �". jwu. „: t r "a.�'+ �'l �� r,1 a$ �.: � '�i' �C53 �18n 2 "Ys�yA � 4 w .a `� $11 a Ift1O r �IR 3Ct.�"1111 r 3 Envrmmnental Issues p . 9 3, Ar Oualdy C iA 4 ` i ram � a W�tere avarlable h srgnMcanceTcnter es a tashedhythE appN g lity far�age rrYnr s a arr pallubon co�r�fro/ distract map be fed iipo� to mgI{e the �ollawrng�etemzrrtahons•� � ��,� a) Conflict with or obstruct implementation of the ❑ ❑ El applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? _ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ standard (including releasing emissions, which exceed quantitative thresholds for ozone precu rsors)? _ d) Expose sensitive receptors to substantial ❑ ❑ El pollutant c oncentrations? _ e) Create objectionable odors affecting a E] El El substantial number of people? g i hC rk Y 4 F �" T ti Y l kH ,� '"WOUld the protect,,. �E a',.,.•'*"� s a-� fir- x"a�"-.5 sue.: ��.'� _,�? ..., ,. .,,., �''. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, ❑ ❑ ❑ policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ El ED policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Se c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited ❑. ❑ ❑ to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? _ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of wildlife nursery sites? M g AI Ca w. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinan f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El El El Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursu to § 15064.5? c) Directly or indirectly destroy a unique — paleontological resource or site or unique ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including those El El L interred outside of formal cemeteries? 6 N Geology an So d als� r r l r }sr R wi ^ '�t� a) Expose people or structures to potential substantial adverse effects, including the risk of loss injury or de ath involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or ❑ ❑ ❑ based on other substantial evidence of a known fault? Refer to Division of Mines an Geolog Special Public 42. ii) Strong se ismic ground shaking? ' ❑ ❑ ❑ - - - -- ----------------- - - -- -- - --------------- - - -- iii) Seismic - related ground failure, including 1 El E] liquefaction? iv) Lan dslides? ❑ ❑ ❑ ®_ b) Result in substantial soil erosion or the loss of ❑_ E] El topsoil? _ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- ❑ ❑ ❑ or off -site landslide, lateral spreading, subsid li quefaction or coll n �.5' dr r' 4 . {i^Y,..S.'.e53'fancesr3',�1�'* xis" NZ $` , x lgiym Bally", t gmficant Less Team i STgm£canY�No,�+ - ��- amt EravvonEnenta Issues Impact'" 7r¢paoE Imjiacte s _, ,,,, ,, ,�INt�gatton d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code El 1:1 El (1994), creating substantial risks to life or proper e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El E] El systems where sewers are not available for the disposal of wastewater? 7 *�Greenho Emissions a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant ❑ ❑ ❑ impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ❑ ❑ ❑ the emissions of greenhouse gases? 8 Hazards andj lazardous Mafei ials x (C' 4ry L S: �i"�T',i4 K1M1r 0 t� ;{y k T- 4Y5+f'WC �. ''lbkt^h vrva�6F K�S. a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ or d of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ likely release of hazardous materials into the enviro nment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ID El E waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the en vironment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or ❑ E] E public use airport, would the project result in a safety hazard for people residing or working in the pr oject area? f) For a project within the vicinity of a private airstrip, would the project result in a safety E] E hazard for people residing or working in the proje area We 11 rw� 3 SignrficanY i e `Jmpact4'` F Mi#� With y SigmficanY�uo_ '' ]m � �+ ` fnvtf„otunenYaal'�ssues����^� Yvon �"ym acta act; g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? " g4, Hydrolo and Wafer�4ualrfy a) Violate any water quality standards or waste El ❑ El discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ❑ rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been grante c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in substantial erosion or siltation 4 on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or E] E] El substantially increase the rate or amount of surface runoff in a manner, which would result in floodin on- or off -site e) Create or contribute runoff water which would exceed the capacity of existing or planned El 1:1 El stormwater drainage systems or provide substantial additional sources of pol luted runoff? f) Otherw substantially d egrade wat er quality? ❑ _ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard El El El Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood ❑ ❑ ❑ flows? 11 '� ¢?�3` `' 't#. #"' R93�v�- k.r�i'•��.s ��AlflLajlt m, ry� �'$I�niticant w `�tIO V ' i) Expose people or structures to a significant risk of loss, injury or death involving flooding, 1:1 El El flooding as a result of the failure of a levee or dam? I ) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ — 10 'Land Use:and Planrim pgc Y°FE't<, .@" 7:,u, L" >'? ""'tee N °Would the'p %/eak x , a) Ph ysically divide an established community? E] El Q b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental eff c) Conflict with any applicable habitat conservation ❑ El El or natural communities conservation plan? 11 "NhneCal ♦3@SAIIrCES F �� l �' ?x> '�. u` iNDUid the �jlro�e6t a a*.z'w?.� '#i'� , a mss ,.',. v":t •'.s" c' .,` i.� aa, N� scn. ,.,w , a ,i a) Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ region and the resi of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site ❑ El 1 : 1 delineated on a local general plan, specific plan or other land use plan? a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ El 11 local general plan or noise ordinance, or applicable stand of o ther agencies? b) Exposure of persons to or generation of excessive groundborne vibration or ❑ ❑ ❑ groundborne noise l evels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? 12 Than +,�w',n`' 4 $ „� iF ty o- �, .�# �r h�„aa•a„t� �.,��°.'�, ��, �' 4` �r�"}�3r a 3� - �. ,` PotEfltlalt- y� L @SS �tl�n �s'� .t� "- ���� . 7 Enu1 n ental Issues impact Mitigation ' mpact , Impact, e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or El El ❑ public use airport, would the project expose people residing or working in the project area to excessive noise le vels? ------- --- --- ------- - - - - -- -------------------------------------------------- f) For a project within the vicinity of a private airstrip, would the project expose people E] E] El residing or working in the project area to excessive noise levels? ' Sa. INQUld ltlen On�0u5ulg��4y x i §t €, a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes 11 E] El and businesses) or indirectly (e.g., through extensi of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewher ---------------------------------------------- c) Displace substantial numbers of people necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? 74 Pubbc Seances `10 4iXI' � 4 a�, s ,��hlToufd them /ect�esulf ap r�b stant�taf adversephyslcal impacfs essociafed wrth ilia prows�on of „,, new or physically alte d goveinmental acl Mps Oeed fpr ng}v oiphys Call}ralte(ezi gov fac1l>bes U7e corisfruchori5t eQUId CaUSe s�gncant envrmrlenfal �m act m vrtle� o l a �� �rra�tatrl senncera6 ��esppt(se 61nesvt o6yectivesfar aa pi e t ~ a) Fire Protection? ❑ ❑ ® ❑ b) Police Protection? ❑ ❑ — ® ❑ - - - c) Schools ?-------- - - - - -- — - - - - -- El -- ❑ ® 0 -- d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ s`, rJ'-' ReG� @dtlon A -d'4 RR a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical deterioration of the facility would occur or be acceler _ b) Does the project include recreational facilities or require the construction or expansion of El E] El facilities, which might have an adverse physical effect on the environment? 13 5L i i=� ' - a -) s l.S' r �"t„ �i1 x 3., n?. N � •. e ° fi `" Y� � i S' ' u - s��� Environmeptal7ssues -, I ON a.tz -� a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a El E] El substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or conge a t intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the E] El 1 : 1 county congestion management agency for de roads or highways? c) Result in a change in air traffic patterns including either an increase in traffic levels or a 1:1 El ❑ change in location that results in substantial safety r isks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El E] E intersections) or incompatible uses (e.g., farm equipme e) Result in inade emerge access? ❑ ❑ ❑ IK f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑. ❑ (e.g., bus turnouts, bicycle racks)? r s � a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ El existing facilities, the construction of which could cause significant environmental effects d) Have sufficient water supplies available to serve the project from existing entitlements and E] 11 El resources, or are new or expanded entitlements n eeded? 14 y ' 4 , Potentlall $1 M C nt Less Tfian e; ,,� , �,� , EnvlronmentaC;fssues �,, �� ;., � xr : , tmpact T , ° Mifigatlon� ry ;? Impact,,,; .impact„ e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ serve the project's projected demand in addition to the provider's exis com mitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes El El and regulations related to solid waste? 18 Manila' ory Findings of`Signlficance °� ^fix,' v "' a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a El El E plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehis tory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable' means that the incremental effects of a project ❑ ❑ El are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of pr obable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ human beings, either directly or indirectly? 15 EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS The City of Rosemead is located within a highly urbanized area of eastern Los Angeles County and is situated between the San Gabriel Mountains to the north and the Montebello Hills to the south. The surrounding hillsides and distant mountains, as well as the Whittier Narrows Golf Course just outside the City's southeastern limit, are the dominant features of the scenic vistas along the City's borders. No state or county designated scenic highways or streets or segments thereof are located within the City's boundaries. No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed, as shown in Figure 1. The applicant is currently operating an automotive brokerage office, without car storage. Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel 1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. Additionally, there are no significant trees, rock outcroppings, historic buildings or other significant scenic resources that would be impacted. Therefore, no scenic resources would be damaged by the implementation of the proposed project, no significant impacts would occur, and no mitigation measures would be required. The proposed project will not degrade the existing visual character or quality of the subject properties. The subject parcels are flat and have been improved with landscaping. The existing light standards within the parking lot area will remain. No site specific development is being proposed in connection with this project; therefore, the visual character of the sites and the surrounding area would not be significantly affected by the proposed project and no mitigation measures would be required. 2. AGRICULTURAL AND FORESTRY The proposed project will not result in the conversion of existing agricultural land to urban uses. The only agricultural uses in the City are landscape nurseries situated under Southern California Edison transmission lines on property zoned O -S (Open Space). While agricultural uses are a permitted use on the subject properties, since the parcels are not currently used for agricultural uses, the rezoning of the Parcel "2" from Parking to Medium Commercial will not eliminate any current agricultural uses in the City. The project area is located in an urban setting and does not contain any agricultural resources as defined by the state farmland mapping and monitoring program. Parcel "2" is an existing surface parking lot. The rezoning of Parcel "2" would allow it to be used for the display of automobiles for retail sale. iE. The City is located in a highly urbanized area of Los Angeles County, and possesses no timberland or other forestry resources, nor does it have any zoning or General Plan designations for forest land, timberland or timberland production. Furthermore, the proposed project is not a development project and does not grant any development entitlements or make any land use policy changes that could result in the loss of forest land or the conversion of forest land to non - forest use. The proposed project would not require any changes to the existing environment which would result in the conversion of farmland to non - agricultural uses. Therefore, no significant impacts on existing agricultural resources would occur from implementation of the project and no mitigation measures are necessary. 3. AIR QUALITY The City of Rosemead is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. Air quality in the South Coast Air Basin is managed by the South Coast Air Quality Management District ( SCAQMD). The South Coast Air Basin has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean. Air Act requires triennial preparation of an Air Quality Management Plan (AQMP) to achieve the standards. The SCAQMD prepares the basin's air quality management plans with technical and policy inputs from the U.S. Environmental Protection Agency (EPA), the California Air Resource Board (GARB), and the Southern California Association of Governments (SCAG), updating the plans every three years. The most recently plan is the 2007 Draft AQMP. This plan is the South Coast Air Basin's portion of the State Implementation Plan (SIP). The proposed project involves no new construction. The site is completely developed, as shown in Figure 1. The applicant is currently operating an automotive brokerage office, without car storage. Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12- 01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. While the proposed change would now involve the onsite storage of automotive vehicles, it would not result in a cumulatively considerable net increase of any pollutants. It is intended that the vehicles stored onsite will be sold. The project would not involve growth- inducing impacts or cause an exceedance of established population or growth projections. Furthermore the project would not create either short- or long -term significant quantities of criteria pollutants. Additionally, the project would not result in significant localized air quality impacts. As such, the project is consistent with the goals of AQMP, and in this respect does not present a significant impact. 17 CEQA inquires as to whether a project would violate any air quality standard or contribute substantially to an existing or projected air quality violation. A violation could occur over the short-term during project construction, or over the long -term during its subsequent operation. Each is addressed below 4. BIOLOGICAL RESOURCES The proposed project involves no new construction. The site is completely developed, as shown in Figure 1. The applicant is currently operating an automotive brokerage office, without car storage. Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. The project site is located in an urban, developed area, and does not contain any significant biological resources. The project does not provide habitat for any candidate, sensitive, or special status species. Any animal species located on the subject properties are likely limited to rodents and a variety of bird species that are able to adapt to life in an urban environment. Nonetheless, approval of the project does not involve any construction or specific development project, and therefore would not create any significant impacts to special status biological resources and no mitigation measures are necessary. Since the subject properties do not contain any significant habitat resources, and there is no direct development associated with the approval of this project, there will be no significant impacts on riparian habitat or other sensitive natural communities identified in local, regional, or national plans, regulations or policies. Additionally, no riparian habitat or sensitive natural communities are located within the City. Therefore, no significant impacts would result from project implementation and no mitigation measures are necessary. The proposed project is located in an urban area developed with a mixture of residential, commercial, industrial, public facilities, and public recreation areas that do not contain any wetland resources. No wetlands would be impacted by approval of the proposed project. The project site is not considered a migratory wildlife corridor due to the existing surrounding urban development. The City has adopted an oak tree preservation ordinance, contained in Section 17.100 of the Rosemead Municipal Code. The ordinance requires anyone seeking to remove, relocate, or trim an oak tree to obtain a permit before doing so, with exceptions for minor pruning. The proposed project contains no policies or actions that contradict the oak tree ordinance, and if the subject properties are ever developed they will be subject to the requirements of the ordinance. Approval of the project does not involve development of the subject properties or changes to an established policy that would allow for the degradation of any significant biological resource. No adopted habitat conservation plan, natural community conservation plan, or other approved habitat conservation plan would be affected by approval of this project and no mitigation measures would be required. 18 5. CULTURAL RESOURCES The site is completely developed, as shown in Figure 1. The applicant is currently operating an automotive brokerage office, without car storage. Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. Therefore, there are no buildings or structures onsite which could be considered historic. Therefore, the proposed project could not cause an adverse change to any historic properties potentially eligible for inclusion on the National Register of Historic Places, the California Register of Historic Places, or the California Historic Landmarks, and therefore no mitigation measures would be required. The project is not located within a cultural /archaeological sensitive area as identified in the Rosemead General Plan. Furthermore, Building records indicate that in 1965, the site was disturbed for the construction of an office building and surface parking lot and any cultural resources that may have been present were likely removed or destroyed during construction. Therefore, the project would not have any significant cultural resource impacts and no mitigation measures would be required. There is no history that the project site has been used as a cemetery. The site was graded and disturbed during construction of the existing office building and parking lot and no human remains were discovered. Because the site has been disturbed and no cemeteries are known to have existed on the site the project is expected not disturb any human remains. 6. GEOLOGY AND SOILS The City of Rosemead is located in southern California, which is a seismically active region. A portion of the southern part of the City of Rosemead is located within the Alquist - Priolo Earthquake Fault Zone. However, the project site is not located in an Alquist - Priolo Fault Zone. There are no known active surface faults on the site or within the project area that would impact the project. The General Plan Public Safety element identifies any active faults which have a potential for causing local damage and how to react to such occurrences. The primary dangers associated with seismic activity are surface rupture, ground failure, liquefaction, and ground shaking. City building regulations provide specific construction techniques required for the seismic zones. Additionally, design and construction projects must adhere to the prescribed minimum requirements to address seismic safety issues. While the project does change the zoning classification of one parcel, the project itself does not involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not_have an impact regarding geology and soils, and no mitigation measures would be required. Liquefaction refers to loose, saturated sand or gravel deposits that lose their load supporting capability when subjected to intense shaking. Liquefaction potential varies based upon on -site soil composition and groundwater depth. The California Department of Conservation is mandated by the Seismic Hazards Act of 1990 to identify and map the state's most prominent earthquake hazards, including areas where earthquakes are likely to cause shaking, liquefaction, or other ground 19 failure. The California Department of Conservation Division of Mines and Geology has recently updated existing Seismic Hazard Maps for portions of Southern California, including the area covering the project site. However, the proposed project does not involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding ground failure or liquefaction and no mitigation measures would be required. Landsliding is a type of erosion in which masses of earth and rock move down slope as a single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on several factors. These are usually present in combination and include, but are not limited to, steep slopes, condition of rock and soil materials, presence of water, formational contracts, geologic shear zones, and seismic activity. However, the parcels that are the subject of the proposed project are flat lots that would not be susceptible to landslides. Additionally, there are no hills or slopes near the subject properties which could pose a landslide danger to the project area. Additionally, the project does not involve construction activity or occupancy that could be impacted. Therefore, implementation of the proposed changes would not have an impact regarding landsliding and no mitigation measures would be required. There is no construction or site improvements associated with the approval of this project, thereby having no potential for soil erosion or the loss of native topsoil. Therefore, implementation of the proposed changes would not have an impact regarding soils and no mitigation measures would be required. 7. GREENHOUSE GAS EMISSIONS In 2006, the State passed the California Global Warming Solutions Act of 2006 (AB 32), which requires the California Air Resources Board to design and implement emission limits, regulation, and other measures, such that feasible and cost - effective statewide greenhouse gas (GHG) emissions are reduced to 1990 levels by 2020. In 2008, the State passed SB 375, which creates regional planning processes designed to reduce GHG emissions in accordance with AB 32. These processes, which have yet to be fully implemented, tie GHG reduction targets to the region's land use and transportation strategic plans. The subject site is designated in the City's General Plan and Zoning map for commercial uses. The site is completely developed. Parcel 1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. The applicant is requesting approval of Conditional Use Permit (CUP) 12 -01 for the operation of an automotive sales lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel 1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). The proposed amendment to the zoning map is not a development project and does not include any construction activities that could emit greenhouse gases or other substances. Although the proposed change would now involve the onsite storage of 20 automotive vehicles, it will not generate significant greenhouse gas emissions. The applicant is already operating an automotive brokerage office and the approval would only allow the onsite storage of automotive vehicles for sale. Therefore, there will be no change in emissions. 8. HAZARDS AND HAZARDOUS MATERIALS The proposed project would not involve the routine transport, use, or disposal of any significant quantities of hazardous materials. No hazardous emissions will be associated with the proposed project. The subject properties are not on the list of hazardous waste facilities as established by government code section 65962.5. Nor are there any hazardous waste facilities in the project vicinity that are on the list required to be established by government code Section 65962.5. Therefore, project implementation would not create a significant hazard to the public or the environment. The proposed project would not result in any safety hazards to people residing or working in the community. Therefore, no significant impacts would result from the proposed project. The proposed project would not involve any uses that would interfere with the City's emergency operations plan or with any major emergency evacuation routes out of the area. Approval of the proposed project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No significant impacts to the public or the environment would result from the proposed project and no mitigation measures are required. 9. HYDROLOGY AND WATER QUALITY In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System ( NPDES) permit. The 1987 amendments to the CWA added section 402(p), which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES permit. The proposed project would not be subject to the NPDES program because the project does not involve any construction activity. Therefore, the proposed project would not' violate any water quality standards or waste discharge requirements. Additionally, the proposed project will not contribute to withdrawals from an existing ground water supply. Because there is no development associated with this project, no changes to any established drainage pattern would occur upon implementation. Therefore, no significant impacts with regard to drainage would result from project approval and no mitigation measures would be required. 21 Because there is no construction associated with this project, there is no potential for the increase in stormwater runoff at any particular location. Any subsequent development would be appropriately analyzed for compliance with any state and local stormwater management programs. Therefore, no significant impact would result from approval of this project and no mitigation measures would be required. Any subsequent development would be required to comply with City permit requirements to ensure that there will be no violation of water quality or waste discharge requirements. The project does not involve any development. Therefore, no significant impacts would occur and no mitigation measures would be required. No construction activity will take place with approval of this project. Any subsequent development would be required to comply with City permit requirements to ensure soil stability and flooding. Therefore, no significant impacts would occur as a result of the project and no mitigation measures would be required. 10. LAND USE AND PLANNING The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3 (Medium Commercial) and P (Parking). The proposed use is in conformity with the General Plan in that the C -3 zoning is a corresponding zone district with the Commercial General Plan land use category. "Parcel 1" is zoned C -3 (Medium Commercial) and "Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. There is no new development associated with the proposed project. The proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The action proposed with the project is consistent with the Rosemead General Plan. Therefore, implementation of the project would not result in a significant impact and no mitigation measures would be required. The proposed project would not conflict with any applicable habitat conservation plan or natural community conservation plan area. Therefore, no impact would result from implementation of the project and no mitigation measures would be required. 22 The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3 (Medium Commercial) and P (Parking). The proposed use is in conformity with the General Plan in that the C -3 zoning is a corresponding zone district with the Commercial General Plan land use category. "Parcel 1" is zoned C -3 (Medium Commercial) and "Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. There is no new development associated with the proposed project. The proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, Specific Plan, Local Coastal Program, or Zoning Ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. The action proposed with the project is consistent with the Rosemead General Plan. Therefore, implementation of the project would not result in a significant impact and no mitigation measures would be required. The proposed project would not conflict with any applicable habitat conservation plan or natural community conservation plan area. Therefore, no impact would result from implementation of the project and no mitigation measures would be required. 11. MINERAL RESOURCES There is no mining activity on the site and no known mineral resource present of value to the region or state residents that would be lost due to the development of the project. According to the City of Rosemead Resource Management Element, no mineral deposits of statewide or regional importance exist within the City. Therefore, no significant impacts would occur and no mitigation measures would be required. 12. NOISE The City of Rosemead Noise Element specifies outdoor and indoor noise standards for various land uses impacted by transportation sources. The City's noise standards are consistent with the State of California noise standards. The interior and exterior noise standards are in terms of the Community Noise Equivalent Level (CNEL). The standards state that for commercial land use, the exterior noise exposure level shall not exceed 55 dBA. 23 City of Rosemead Noise Ordinance A noise ordinance is designed to control unnecessary, excessive, and annoying sounds from stationary (non- transportation) noise sources. Noise ordinance requirements cannot be applied to mobile noise sources such as heavy trucks when traveling on public roadways. The City of Rosemead has specified daytime and nighttime noise standards for lands zoned for various uses in terms of reference decibel levels as shown below. City of Rosemead Noise St Land Use Noise Standards Residential Commercial Industrial or Manufacturing indards (dBA) Daytime 7am -10 pm 60 65 70 Nighttime 10 pm -7am 45 60 70 These decibel levels are used by the noise ordinance to define five noise categories. Each noise category sets its own acceptance criteria for how long and how loud any noise source can be within the City's boundaries. The noise categories are: a. The applicable noise standard for a cumulative period of time of more than thirty (30) minutes in any hour; or b. The applicable noise standard plus five dBA for a cumulative period of more than fifteen (15) minutes in any hour; or C. The applicable noise standard plus ten dBA for a cumulative period of more than five minutes in any hour; or d. The applicable noise standard plus fifteen (15) dBA for a cumulative period of more than one minute in any hour; or e. The noise standard plus twenty (20) dBA for any period of time. Any noise source that violates the accepted criteria set by one or more of these five categories violate the noise standard. Specifically, each noise category specifies the maximum cumulative time period in any hour during which the noise level is allowed to exceed the noise limit criteria applicable to that category. As applied to any noise in general, passing or failing the accepted criteria for any one of the five noise categories does not necessarily prohibit nor guarantee that the same noise will pass or fail the accepted criteria for any other noise category. The loudness criteria for each noise category is set by a noise limit which is defined in terms of a constant offset from the reference decibel level appropriate to the land use type and time of day classifications. In addition to the above restrictions, the City of Rosemead does provide exemptions. "Noise sources associated with construction, repair, remodeling or grading of any real property or during authorized seismic surveys, provided such activities do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday, and provided the noise level created by such 00 activities does not exceed the noise standard of sixty -five (65) dBA plus the limits specified in Section 8.36.060(B) as measured on residential property and does not endanger the public health, welfare and safety. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday or at any time on Sunday or a federal holiday ". No specific development project is being proposed in connection with the proposed amendment to the Zoning Map in conjunction with the proposed project. The site is completely developed. The applicant is currently operating an automotive brokerage office, without car storage. Parcel 1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. Approval of the CUP would allow onsite storage of vehicles for sale on Parcel 1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12- 01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. Because the storage of automotives for sale and noise associated with automotive ignitions turning on and off are temporary, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. In addition, the hours of operation will remain as it is today. The nearest aviation facility is the El Monte Airport, located approximately one mile to the east of the City. The City does not fall within the airport's land use plan. There are no private airstrips located within the City of Rosemead or within its immediate vicinity. Therefore, no significant impacts would occur in the vicinity of a public airport or private airstrip and no mitigation measures would be required. 13. POPULATION AND HOUSING The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3 (Medium Commercial) and P (Parking). "Parcel 1" is zoned C -3 (Medium Commercial)" and "Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. There is no new development associated with the proposed project. The project also will not extend roads or infrastructure or construct new public roads or infrastructure that will create a population growth in Rosemead, or any other community. The project will not increase the number of people that live in Rosemead and as a result, will not change or impact the estimated population of the City. There are no residential units on the site. The project will not displace existing housing that will require the construction of replacement housing elsewhere. 25 There is no housing or any other lodging on the site that will displace people and require construction of replacement housing elsewhere. The project will have no impact on displacing people. 14. PUBLIC SERVICES The conceptual development plan for this project has been sent to the public service agencies that will serve this development for review and comments. These agencies include the County of Los Angeles Fire Department, the Los Angeles County Sheriff's Department, and the City of Rosemead Public Safety Department. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. The site is designated in the General Plan for Commercial, and on the zoning map it is designated for C -3 (Medium Commercial) and P (Parking). "Parcel 1" is zoned C -3 (Medium Commercial) and "Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12 -01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. There is no new development associated with the proposed project. Fire protection service is provided by the Los Angeles County Fire Department. The Fire Department operates two fire stations within the City: Station No. 4 at 2644 North San Gabriel Boulevard, and Station No. 42 at 9319 East Valley Boulevard. Average response time within the City is 4:47 minutes for emergency responses, within national standards, and 6:36 minutes for non - emergency responses. No development is associated with approval of this project. Therefore, no impacts with regard to the provision of new or physically altered fire protection facilities would occur. The Los Angeles County Sheriff's Department provides police protection for the City of Rosemead from the Temple Station that is located at 8838 East Las Tunas Drive in Temple City. The average response time is approximately 3 minutes for emergency calls, 8 minutes for priority calls, and 45 minutes for routine calls. The Los Angeles County Sheriff's Department will be able to provide an adequate level of police protection for the project without impacting response times for the rest of the City. The project will have a less than significant impact to police protection. Since the proposed project is not a development project, they will not add population or housing to the area that would result in an increase in demand for school facilities. All future commercial development on the subject parcels will conform to the General Plan and Municipal Code. The closest City park to the project site is Jess Gonzales Sports Park. This park is less than a mile southeast of the site. The existing automotive brokerage office employees do not use park and recreational facilities during working hours. It is also anticipated that the auto brokerage employees will not use the park. Furthermore, customers will most likely visit from Rosemead or the surrounding community for auto purchasing purposes. Thus, the project will have no impact on City parks because neither the customers nor employees will use and impact existing Rosemead Park and recreational facilities. 15. 16. The project will not require any public facility or City service that would be significantly impacted. RECREATION The proposed project will have no direct effect on existing recreational facilities because no new development is associated with the approval of this project. The project will not introduce new permanent populations that would substantially deteriorate parks and recreational facilities through increased use. No increases in the demand for such facilities will occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. The proposed project does not recreational facilities. Existing implementation of the project. mitigation measures are required. TRAN S PORTATIO NITRAFFIC include, nor require, the construction or expansion of recreational opportunities will not be affected by Therefore, no significant impacts would occur and no There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. "Parcel 1" is zoned C -3 (Medium Commercial) and 'Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12- 01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. Parcel "1" is improved with an office building, surface parking lot containing ten (10) parking spaces, and landscaping. Parcel "2" is an existing surface parking lot. The project does not propose any use that would cause any changes, individually or cumulatively, to the level of service standard established by the county congestion management agency for designated roads or highways. The proposed project will require that all customer parking and automotive display of vehicles be located onsite. Therefore, no significant impacts would occur and no mitigation measures would be required. The project does not propose any use which could cause any changes to air traffic patterns or a change in location which results in substantial safety risks. The project does not involve any specific development or significant regulatory change that would create hazards for a subsequent development proposal. Therefore, no significant impacts would occur and no mitigation measures would be required. 27 The project does not involve any specific development and does not grant any entitlements that would impact emergency access to the subject properties. The project does not involve any specific development that could place additional demand on the City's existing vehicle parking supply, nor does it propose alterations to the physical environment of the City that could reduce the amount of available parking. Therefore, no significant impacts would occur and no mitigation measures would be required. The General Plan Circulation Element contains Goal 2, Policies 2.1 through 2.6, and Actions 2.1 through 2.5, which concern the development of infrastructure and service to support alternative travel modes. All future potential development on the subject properties will be reviewed in accordance with these requirements. The proposed project does not contain any goals, policies, or programs that contradict or alter the alternative transportation provisions of the Circulation Element. Therefore, no significant impacts would occur and no mitigation measures would be required. 17. UTILITIES AND SERVICE SYSTEMS The City of Rosemead contracts with the Los Angeles County Consolidated Sewer Maintenance District for maintenance of local sewer lines that connect to trunk lines owned and operated by the Sanitation Districts of Los Angeles County, District 15. According to the General Plan EIR, the sewers in the southern portion of the City (south of Interstate 10) are likely operating at or near capacity, while the sewer operation level in the northern part of the City is unknown. However, since the proposed project does not grant any development entitlements or make any significant alterations to the existing physical environment of the City, it will not cause or contribute to increases in wastewater generation. Therefore, no significant impacts would occur and no mitigation measures would be required. No development will directly result from approval of this project. However, because the City is largely developed, mainline water and sewer infrastructure is in place. Connections to the mainline water and sewer will be required for any subsequent development. Therefore, no significant impacts would occur and no mitigation measures would be required. No construction activity will directly result from approval of this project. However, because the City is primarily built -out, storm water drainage facilities are in place, and any subsequent development would require on -site facilities to convey storm water flows to the area drainage facilities in accordance with City regulations. Therefore, no significant impacts would occur and no mitigation measures would be required. The City of Rosemead is currently complying with AB 939, which requires the City to adopt and implement a Source Reduction and Recycling Element and to divert 50 percent of the solid waste from its landfills by the year 2000. The City has entered into a multijurisdictional agreement as a member of the Los Angeles Area Integrated Waste Management Association, which has an approved diversion rate of 59 percent. The City will continue to comply with the all federal, state, and local statues and regulations related to solid waste. Additionally, since no development rights will be granted with the approval of the proposed project, no significant impacts with respect to solid waste disposal would occur and no mitigation measures would be required. 28 18. MANDATORY FINDINGS OF SIGNIFICANCE Based on the preceding analysis, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. There is no new development associated with the proposed project. The project proposes to convert an existing automotive brokerage office with no car storage to an automotive sales lot. "Parcel 1" is zoned C -3 (Medium Commercial) and 'Parcel 2" is zoned P (Parking). Approval of the CUP would allow onsite storage of vehicles for sale on Parcel "1," as her current business license does not allow car storage. Since an automotive sales lot is permitted in the C -3 (Medium Commercial) zone, upon the approval of a CUP, the applicant is also requesting approval of Zone Change (ZC) 12- 01. ZC 12 -01 would amend the zoning map by reclassifying Parcel "2" from P (Parking) to C -3 (Medium Commercial). This would allow Parcel "2" to be used for the display of automobiles for retail sale. The project will not have a cumulatively considerable impact on the environment, as approval of the project proposes to reclassify just 0.17 acres of the 2,638 acres that make up the City. Therefore no significant impacts have been identified and no mitigation measures are required. Based on the preceding analysis, the proposed project does not have the potential to cause substantial adverse effects on human beings. Therefore no significant impacts have been identified and no mitigation measures are required. 29 References 1. City of Rosemead General Plan (adopted 2008; amended 2010) 2. City of Rosemead General Plan EIR 3. City of Rosemead Municipal Code 4. California Department of Conservation, Farmland Mapping and Monitoring Program 5. South Coast Air Quality Management District 2007 AQMP www.agmd.gov 6. South Coast Air Quality Management District 2008 Air Quality Data www.agmd.gov 7. California Integrated Waste Management Board www.ciwmb.ca.gov 8. California Department of Conservation, Division of Mines and Geology, Special Studies Zones (EI Monte Quadrangle, 1999) www.conservation.ca.gov 9. California Department of Conservation, Division of Mines and Geology, Seismic Hazard Zones (El Monte Quadrangle, 1999) www.conservation.ca.gov 10. Los Angeles County Department of Public Works, www.dpw.lacounty.gov 11. State Water Resources Control Board, http: / /-qeotracker.swrcb.ca.gov /map/ 12. Federal Emergency Agency, Flood Insurance Rate Map 00059CO036H 13. California Integrated Waste Management Board, www.ciwmb.ca.gov 30